The Great Indian Kapil Show under legal scanner over alleged unauthorised song use: Details inside

New Delhi: Proceedings involving Kapil Sharma and Netflix-backed comedy series The Great Indian Kapil Show have taken a legal turn after the Bombay High Court directed the comedian, the show’s producers and Netflix India to file their responses within two weeks. The direction was issued a day after allegations of copyright infringement were raised before the court.

As reported by Times Now, the High Court on Wednesday asked all respondents to submit their replies, after which the matter will be taken up for further hearing. The dispute has been initiated by Phonographic Performance Ltd (PPL) India, the country’s oldest copyright licensing body, which has accused the makers of unauthorised use of copyrighted songs on the popular comedy show.

Copyright infringement plea filed by PPL India against The Great Indian Kapil Show

The case has arisen from a commercial intellectual property suit filed on December 12. According to the plaint, three episodes of The Great Indian Kapil Show aired between June 21 and September 20 are under scrutiny. One episode, featuring Sidharth Malhotra and Janhvi Kapoor, allegedly used the song M Bole To from the 2003 film Munna Bhai MBBS. Two other tracks cited in the suit include Rama Re from Kaante and Subha Hone Na De from Desi Boyz.

PPL India has argued that the use of these songs amounts to “public performance/communication to the public” under the Copyright Act, 1957. It has been stated that such use requires a valid licence from the rights holder. The suit claims that no licence was sought or granted for the episodes in question. As a result, the production houses K9 Films Pvt Ltd and BeingU Studios Pvt Ltd have been accused of copyright infringement.

It has further been stated that a cease-and-desist notice was issued to the producers on November 6. “However, only a holding reply has been received, and the defendants have not stopped playing the plaintiff’s sound recordings,” the suit has noted.

PPL argues songs amount to ‘public performance’ under Copyright Act

PPL India has now urged the court to restrain the defendants from using its copyrighted sound recordings without authorisation. A request has also been made for disclosure of revenues earned through the alleged unauthorised use. Additionally, the appointment of a court receiver to seize the infringing material has been sought, as the legal battle around the show moves into its next phase.